Court adjourned hearing on review application regarding slum resettlement. Directing respondents to file affidavits on alternative accommodation availability at Moolakothalam while petitioners confirm willingness to wait for construction.
Petitioners and Respondent-5 directed to file affidavits regarding alternative accommodation at Moolakothalam.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction )
Friday, the Thirtieth day of April Two Thousand Twenty One PRESENT
THE HON`BLE MR JUSTICE M.DURAISWAMY
AND
THE HON`BLE MRS JUSTICE R.HEMALATHA REV.APLW NO.187 OF 2019 IN WP.NO.26581 OF 2019
1 R.ANANDAYEE [ PETITIONERS ] W/O.RAJ, NO.1, MEERA LUBBAI STREET, BROADWAY, CHENNAI 600 108.
2 P.INDIRANI, W/O.P.PRABAKARAN, NO.1A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
3 E.JAYALAKSHMI W/O.ETHIRAJ,NO.2, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
4 S.JAYANTHI, W/O.SARAVANAN, NO.2A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
5 S.KALA, W/O.SOUNDARRAJAN,NO.3, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
6 M.VALLI, W/O.MANI, NO.3A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
7 R.JOTHI, W/O.RAIJI, NO.4, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
8 R.LINGARAJ, S/O.RAJU, NO.4A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
9 E.VIMALA, W/O.ETTIAPPAN,NO.4B, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
10 B.KANTHA, W/O.BALRAJ,NO.5, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
11 A.SAGAYAM, W/O.ARONE,NO.5A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
12 P.SELVI, W/O.PANDIYAN,,NO.5B, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
13 S.SHANTHI, W/O.SIVALINGAM,NO.9, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
14 D.FATHIMA MARY, W/O.DOSS,,NO.10, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
15 D.DEVANESAN, S/O.DOSS, BALRAJ,NO.10A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
16 R.KLARA, W/O.REJPETER,NO.8, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
17 D.DAVID, W/O.DANIEL,NO.8A, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
18 A.ESWARI, W/O.ALEXANDER,NO.8B, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
19 S.IRUDHAYA MARY, W/O.STANLY JOSEPH,NO.8C, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
20 R.UMARANI, W/O.RAJENDIRAN,,NO.22, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
21 S.MANIMALA, W/O.SRINIVASAN,,NO.24, MEERALUBBAI STREET, BROADWAY CHENNAI 600 108.
Vs
1 THE COMMISSIONER, [ RESPONDENTS ] GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI 600 003.
2 THE ASSISTANT COMMISSIONER, CORPORATION OF CHENNAI, ZONE -5, NO.6, BASIN BRIDGE ROAD, CHENNAI 600 021.
3 THE AEA ENGINEER, CHENNAI CORPORATION, WARD 56, ZONE - 5, UNIT 13, NO.57, IBRAHIMJI STREET, CHENNAI 600 001.
4 THE COMMISSIONER OF POLICE, GREATER CHENNAI, VEPERY, CHENNAI 600 007.
5 THE CHAIRMAN, TAMIL NADU SLUM CLEARANCE BOARD, CHEPUAK, CHENNAI 600 005.
6 B.V.SURESH KUMAR, S/O.B.K.VISWANATHAN, OLD NO.202, NEW NO.52, BROADWAY, CHENNAI 600 108.
The Review Application to the Order 47 Rule 1 C.P.C. Read With Under Section 114 C.P.C. the Order dated 06.09.2019 passed by this Hon’ble Court by THE HON’BLE CHIEF JUDGE MRS.JUSTICE VIJAYA K. TAHILRAMANI, AND THE HON'BLEMR.JUSTICE M.DURAISWAMY in WP No.26581/2019 (in REV.APLW.187/2019)
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M.GNANASEKAR, Advocate for the petitioner and of Dr.C.Ravichandran, Standing Counsel 1 TO 3 Respondents and of MR. RAJASEKARAN, STANDING COUNSEL on behalf of the 5TH Respondents the court made the following order:-
(Order of the Court made by M.DURAISWAMY,J. )
When the Review Application is taken up for hearing, Mr.M.Rajasekar, learned Standing Counsel appearing for the 5th respondent – Tamil Nadu Slum Clearance Board submitted that since the petitioners are seeking alternative accommodation at Moolakothalam, which is under construction and is likely to be completed in about six months time, the alternative accommodation would be given to the petitioners as and when the construction at Moolakothalam is completed.
2.Mr.M.Gnanasekar, learned counsel for the petitioners also submitted that the petitioners are willing to wait till the completion of the construction at Moolakothalam.
3.The submissions made by the learned counsel on either side is recorded. The 5th respondent is directed to file an affidavit with regard to the allotment of the alternative accommodation for the petitioners at Moolakothalam. Similarly, the petitioners are also directed to file an affidavit to the effect that they are agreeable to wait till the completion of the construction at Moolakothalam.
Post the matter on 04.06.2021 .
-sd/-
30/04/2021 / TRUE COPY /
Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE COMMISSIONER, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS, CHENNAI 600 003.
2 THE ASSISTANT COMMISSIONER, CORPORATION OF CHENNAI, ZONE -5, NO.6, BASIN BRIDGE ROAD, CHENNAI 600 021. 3 THE AEA ENGINEER, CHENNAI CORPORATION, WARD 56, ZONE - 5, UNIT 13, NO.57, IBRAHIMJI STREET, CHENNAI 600 001.
4 THE COMMISSIONER OF POLICE, GREATER CHENNAI, VEPERY, CHENNAI 600 007.
5 THE CHAIRMAN, TAMIL NADU SLUM CLEARANCE BOARD, CHEPUAK, CHENNAI 600 005.
Order
in
REV.APLW.187/2019
in WP.NO.26581 OF 2019
Date :30/04/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (14/11/2019)P VC (06/12/2019)P VC (24/05/2021)
R. Anandayee and others
The Commissioner, Greater Chennai Corporation
The Tamil Nadu Slum Clearance Board
M. Duraismamy
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
